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§ 904.01, Relevance – Consciousness of Innocence – Offer to Take Polygraph

State v. Forest S. Shomberg, 2006 WI 9, affirming unpublished decision
For Shomberg: Charles W. Giesen; Morris D. Berman

Issue/Holding:

¶39 Finally, we determine that the circuit court did not erroneously exercise its discretion in refusing to admit testimony regarding Shomberg’s offer to take a polygraph examination. … However, such an offer is only “relevant to the state of mind of a person making the offer as ‘long as the person making the offer believes that the test or analysis is possible, accurate, and admissible.'” Neumann v. Neumann, 2001 WI App 61, ¶65, 242 Wis. 2d 205, 626 N.W.2d 821 (quoting State v. Santana-Lopez, 2000 WI App 122, ¶4, 237 Wis. 2d 332, 613 N.W.2d 918).¶40      The evidence in the record is insufficient to establish that Shomberg offered to take a polygraph examination, as opposed to agreeing to take one. …

¶41     Neither does evidence in the record support the second requirement to admit an offer to take a polygraph —— that Shomberg believed the results of a polygraph would be admissible in court. …

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